Judge Cannon Doubts Trump Co-Defendants’ Dismissal Arguments

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TL/DR –

Donald Trump’s two co-defendants in a case regarding classified documents, Walt Nauta and Carlos De Oliveira, argued that the charges against them should be dropped, with their attorneys stating that the indictment lacked clear evidence that the men knew of the ongoing investigation or that the documents were classified. U.S. District Judge Aileen M. Cannon appeared skeptical about dismissing the charges, suggesting the arguments would be more appropriate for a trial defense. Additionally, the lead prosecutor argued that the indictment provided sufficient information, and it was not necessary to reveal the evidence at this stage of proceedings.


U.S. Judge Skeptical About Dropping Charges in Donald Trump’s Classified Documents Case

U.S. District Judge Aileen M. Cannon expressed doubt on Friday about dismissing charges against Donald Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, in the classified documents case. Cannon suggested that the arguments for dismissal might be more appropriate as a trial defense.

Defense attorneys for Nauta and De Oliveira, both Trump employees, sought dismissal of charges based on insufficient clarity of evidence that their clients knew about the ongoing investigation or that the documents contained classified materials. In response, prosecutors argued that the indictment provides enough information, and that evidence specifics aren’t required at this stage of proceedings.

In the two-hour hearing, Judge Cannon repeatedly questioned the defense’s approach. Despite not being obligated to hold a hearing, she deliberated over the defense attorneys’ numerous requests and asked both sides about case precedent and evidence.

During the course of pretrial proceedings, Trump’s role has been central. However, Friday’s hearing put the co-defendants’ cases in the spotlight, revealing potential defenses. Prosecutors claim that Nauta and De Oliveira, alongside the former President, aimed to obstruct the investigation and hinder officials’ attempts to retrieve the government materials Trump took post-presidency. The men allegedly deceived investigators and planned to erase security footage to prevent officials from retrieving the boxes.

Nauta, a Trump aide, and De Oliveira, the property manager at Mar-a-Lago, face eight and four charges respectively and have pleaded not guilty. Trump faces 40 charges, including 32 for allegedly violating a part of the Espionage Act by retaining 32 documents containing sensitive government information. Neither Nauta nor De Oliveira are charged with crimes related to the retention of materials.

Friday’s hearing centered on motions to dismiss the case filed by Nauta and De Oliveira. They claim there’s no evidence they knew about the classified material or ongoing investigation, making the government’s charges unsupported by the indictment’s facts. Additionally, they argue some charges are unconstitutionally vague and duplicative.

Prosecutors stated that they only have to prove the defendants were aware of an investigation, not its specifics or what a subpoena demanded. “We do not have to give these arguments now,” prosecutor Jay Bratt said. Trump has also filed multiple motions to dismiss the case, with Nauta and De Oliveira joining some. Cannon has already rejected two of Trump’s dismissal requests. Motions to dismiss are generally rare and unsuccessful.

Nauta’s and De Oliveira’s attorneys have requested a bill of particulars, a document detailing the evidence underlying the charges. However, prosecutors assert that the indictment is detailed enough and that a bill of particulars would unnecessarily burden them by revealing their trial strategies.


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